Rule 102.Motion and order for payment of costs and fees

Divorce litigation costs money, and the spouse with more resources shouldn't be able to win by outspending the other. Rule 102 lets either party move for an order requiring the other side to pay costs, attorney fees, and witness fees — including expert witness fees — under Utah Code Section 30-3-3(1). The request isn't limited to fees going forward: it can cover costs incurred before the action was filed, during the litigation, or after judgment for the work of enforcing it. The motion must be backed by an affidavit laying out the factual basis and the amount requested.

Before granting the motion, the court has to find that the moving party lacks the resources to pay, the other party has the resources to pay, the costs are necessary to properly prosecute or defend the case, and the amount requested is reasonable. If any of those elements is missing, the court can deny the motion or award a reduced amount, and it must explain why in the record. When the court does grant an award, the order has to specify the amount and require payment within 30 days — unless the court makes findings that a delay won't create undue hardship or interfere with the moving party's ability to litigate. Payment can be ordered as a lump sum or in installments, and it can go either directly to the moving party or to the provider of the services being paid for.